Domestic violence cases are a challenge because they involve complex relationships between people. The authorities may find it challenging to determine who is at fault and reach a plausible conclusion. A restraining order cannot do its job when it is not followed. Every relationship and its history are different, which can complicate matters and lead to unfair charges. In accordance with this reality, self-defense can be part of domestic violence situations in some cases in New Jersey. For this reason, it is important to understand what constitutes self-defense, what legal protections are available to domestic violence sufferers, and when a defendant in a domestic violence case may viably claim self defense to get a restraining order or domestic violence criminal charges dismissed.
When is Self-Defense Legal in New Jersey?
NJ Rev Stat § 2C:3-4 on using force in self-defense cases clearly explains what is considered self-protection. When an individual faces a threat of death or bodily harm while defending their property, the use of force is justified. The use of deadly force is only justified if it is necessary to prevent death or serious injury. If the individual provoked the encounter or could safely retreat from the situation or surrender, using force is unjustified. Self-defense is used when intruders enter one’s residence, especially when the situation is sudden, and individuals who reasonably believe force is necessary to protect themselves in their residence are justified.
When someone believes with certainty that the only way they can protect themselves is through self-defense, as in cases of assault, robbery, or others, their actions are justified. It is justified if the defender believes force is necessary to protect the victim. In the defense of property, deadly force is rarely justified unless it is in response to a home invasion.
Self-Defense Claims when Restraining Orders are Violated
When the police are called to a domestic disturbance that involves self-defense, it isn’t always obvious who initiated the encounter. If both complainants have visible injuries, claim the violence was mutual, and that they acted in self-defense, they may be charged criminally. The “he said, she said” dynamic can require law enforcement to conduct a more thorough investigation that could involve the intervention of the prosecutor and the court. An analysis of witness testimony, restraining orders, and prior incidents can assist law enforcement in creating the correct panorama of events. Domestic disputes are rarely cut and dried and can just be scrutinized on a case-by-case basis.
When a restraining order is in place, and a defendant violates that order, they are commonly charged as the aggressor. Victims have the right to self-defense when a restraining order because of domestic violence is in place.
Proving Self Protection in Domestic Violence Cases
Credible evidence is key in domestic violence and restraining order trials. Witness statements are particularly helpful because they corroborate the accused or victim’s account and concretely set the stage for the incident. Photos and medical records document the severity of the injuries and their origin. For example, defensive wounds on the palms and forearms would support testimony regarding fending off an attack. Conversely, wounds such as split knuckles or scratches on the face and neck could indicate the aggressor was injured while attacking the victim. Similarly, police reports, prior incidents, protective orders, threatening text messages, or multiple calls in brief periods can effectively identify the aggressor and justify the victim’s use of force.
Document all incidents with as much evidence as possible. If there are witnesses, when you contact the police, ask them to take their statements. Text messages, emails, voicemails, photos, and social media posts should be documented because the authorities can catalog them as evidence. It is essential to create a legal record of the violations of the restraining order or other acts of violence against you.
Unpacking Practical Safety Steps When You Have a Protection Order
The best way to stay safe is to avoid the defendant at all costs. Avoid contact with their family and friends if at all possible. It is harder to accomplish when there are children, grandparents, and relatives who would welcome a visit, but your safety is essential. Block their number, block them on social media, and let friends and family know a restraining order is in place.
In a potentially dangerous situation, cooler heads always prevail. De-escalate a hostile encounter by remaining calm. Avoid accusatory language, speak slowly and in a normal tone of voice. Don’t engage in the conflict and use phrases that disarm your aggressor, such as,” You sound upset” or “I am listening,” while you plan the next step. Use an open posture, don’t cross your arms, and turn slightly to the side to communicate non-confrontation. Back away slowly to increase the distance between you. Focus on staying safe and contact the authorities as soon as possible. If the situation becomes violent, defend yourself and get away as quickly as possible.
When You Need a Strong Advocate in a Domestic Violence Case, Call our Legal Team
Domestic violence cases leave lasting consequences. They create a ripple effect that impacts family, friends, and even employers. An attorney at The Tormey Law Firm who understands the complexities of New Jersey’s domestic violence laws can ensure that your rights are protected. We can make your voice heard and guide you to make informed decisions. Having handled literally thousands of domestic violence cases on behalf of clients throughout NJ, our lawyers construct a strong defense by collecting, preserving, and analyzing evidence to support your case using medical records, photos, witness testimony, and prior incidents. We may also seek additional substantiating information from psychologists or forensic specialists.
Our job is to be your advocate from beginning to end during your self-defense case. Our expertise ensures that procedural requirements and deadlines are met while we advise you on the best ways to comply with any orders or requirements regarding your case. Having an attorney at our experienced firm by your side provides peace of mind and the assurance that your case is handled with the utmost care and dedication. Most importantly, our knowledgeable domestic violence attorneys can make all the difference in your results. Serving Somerset, Union, Middlesex, Morris, Essex, Hudson, Bergen, and Passaic counties and across New Jersey, our legal team is available seven days a week to assist you. Contact us at (908)-336-5008 today for a free consultation and protect your rights.